| (a) Applicability. The requirements of this section
and those contained in the Texas Inspection and Maintenance (I/M)
State Implementation Plan (SIP) must be applied to all gasoline-powered
motor vehicles 2 - 24 years old and subject to an annual emissions
inspection beginning with the first safety inspection. Military tactical
vehicles, motorcycles, diesel-powered vehicles, dual-fueled vehicles
that cannot operate using gasoline, and antique vehicles registered
with the Texas Department of Motor Vehicles are excluded from the
program. Safety inspection facilities and inspectors certified by
the Texas Department of Public Safety (DPS) must inspect all subject
vehicles in the following program areas as defined in §114.2
of this title (relating to Inspection and Maintenance Definitions),
in accordance with the following schedule.
(1) This paragraph applies to all vehicles registered
and primarily operated in the Dallas-Fort Worth (DFW) program area.
(A) Beginning May 1, 2002, all 1996 and newer model
year vehicles registered and primarily operated in Collin, Dallas,
Denton, and Tarrant Counties equipped with on-board diagnostic (OBD)
systems must be tested using United States Environmental Protection
Agency (EPA)-approved OBD test procedures.
(B) Beginning May 1, 2002, all pre-1996 model year
vehicles registered and primarily operated in Collin, Dallas, Denton,
and Tarrant Counties must be tested using an acceleration simulation
mode (ASM-2) test or a vehicle emissions test approved by the EPA.
(C) All vehicle emissions inspection stations in affected
program areas must offer both the ASM-2 test and the OBD test except
low volume emissions inspection stations. If an owner or operator
wishes to have his or her station classified as a low volume emissions
inspection station, the station owner or operator shall petition the
DPS in accordance with the rules and procedures established by the
DPS.
(2) This paragraph applies to all vehicles registered
and primarily operated in the extended DFW (EDFW) program area.
(A) Beginning May 1, 2003, all 1996 and newer model
year vehicles registered and primarily operated in Ellis, Johnson,
Kaufman, Parker, and Rockwall Counties equipped with OBD systems must
be tested using EPA-approved OBD test procedures.
(B) Beginning May 1, 2003, all pre-1996 model year
vehicles registered and primarily operated in Ellis, Johnson, Kaufman,
Parker, and Rockwall Counties must be tested using an ASM-2 test or
a vehicle emissions test approved by the EPA.
(C) All vehicle emissions inspection stations in affected
program areas must offer both the ASM-2 test and the OBD test except
low volume emissions inspection stations. If an owner or operator
wishes to have his or her station classified as a low volume emissions
inspection station, the station owner or operator shall petition the
DPS in accordance with the rules and procedures established by the
DPS.
(3) This paragraph applies to all vehicles registered
and primarily operated in the Houston-Galveston-Brazoria (HGB) program
area.
(A) Beginning May 1, 2002, all 1996 and newer model
year vehicles registered and primarily operated in Harris County equipped
with OBD systems must be tested using EPA-approved OBD test procedures.
(B) Beginning May 1, 2002, all pre-1996 model year
vehicles registered and primarily operated in Harris County must be
tested using an ASM-2 test or a vehicle emissions test approved by
the EPA.
(C) All vehicle emissions inspection stations in affected
program areas must offer both the ASM-2 test and the OBD test except
low volume emissions inspection stations. If an owner or operator
wishes to have his or her station classified as a low volume emissions
inspection station, the station owner or operator shall petition the
DPS in accordance with the rules and procedures established by the
DPS.
(D) Beginning May 1, 2003, all 1996 and newer model
year vehicles equipped with OBD systems and registered and primarily
operated in Brazoria, Fort Bend, Galveston, and Montgomery Counties
must be tested using EPA-approved OBD test procedures.
(E) Beginning May 1, 2003, all pre-1996 model year
vehicles registered and primarily operated in Brazoria, Fort Bend,
Galveston, and Montgomery Counties must be tested using the ASM-2
test procedures or a vehicle emissions test approved by the EPA.
(4) This paragraph applies to all vehicles registered
and primarily operated in the El Paso program area.
(A) All vehicles must be tested using a two-speed idle
(TSI) test through December 31, 2006.
(B) Beginning January 1, 2007, all 1996 and newer model
year vehicles equipped with OBD systems must be tested using EPA-approved
OBD test procedures.
(C) Beginning January 1, 2007, all pre-1996 model year
vehicles must be tested using a TSI test.
(D) Beginning January 1, 2007, all vehicle emissions
inspection stations in the El Paso program area must offer both the
TSI test and OBD test.
(5) This paragraph applies to all vehicles registered
and primarily operated in the Bexar County program area.
(A) Beginning November 1, 2026, all 2 - 24 year old
subject vehicles equipped with OBD systems must be tested using EPA-approved
OBD test procedures.
(B) Beginning November 1, 2026, all vehicle emissions
inspection stations in the Bexar County program area must offer the
OBD test.
(b) Control requirements.
(1) No person or entity may operate, or allow the operation
of, a motor vehicle registered in the DFW, EDFW, HGB, El Paso, and
Bexar County program areas that does not comply with:
(A) all applicable air pollution emissions control-related
requirements included in the annual vehicle safety inspection requirements
administered by the DPS as evidenced prior to the single sticker transition
date as defined in §114.1 of this title (relating to Definitions)
by a current valid inspection certificate affixed to the vehicle windshield,
a current valid vehicle inspection report (VIR), or other form of
proof authorized by the DPS;
(B) beginning on the single sticker transition date,
all applicable air pollution emissions control-related requirements
included in the annual vehicle safety inspection requirements administered
by the DPS, as evidenced by a current valid vehicle registration insignia
sticker, a current valid VIR, or other form of proof authorized by
the DPS or the DMV; and
(C) the vehicle emissions I/M requirements contained
in this subchapter.
(2) All federal government agencies must require a
motor vehicle operated by any federal government agency employee on
any property or facility under the jurisdiction of the federal government
agency and located in a program area to comply with all vehicle emissions
I/M requirements specified in Texas Health and Safety Code, Subchapter
G, §§382.201 - 382.216 (concerning Vehicle Emissions), and
this chapter. Commanding officers or directors of federal facilities
shall certify annually to the executive director, or appointed designee,
that all subject vehicles have been tested and are in compliance with
the Federal Clean Air Act (42 United States Code, §§7401
et seq.). This requirement will not apply to visiting federal government
agency, employee, or military personnel vehicles as long as such visits
do not exceed 60 calendar days per year.
(3) Any motorist in the DFW, EDFW, HGB, El Paso, or
Bexar County program areas who has received a notice from an emissions
inspection station that there are recall items unresolved on his or
her motor vehicle should furnish proof of compliance with the recall
notice prior to the next vehicle emissions inspection, such as a written
statement from the dealership or leasing agency indicating that emissions
repairs have been completed.
(4) A motorist whose vehicle has failed an emissions
test may request a challenge retest through the DPS. If the retest
is conducted within 15 days of the initial inspection, the retest
is free.
(5) A motorist whose vehicle has failed an emissions
test and has not requested a challenge retest or whose vehicle has
failed a challenge retest shall have emissions-related repairs performed
and submit a properly completed vehicle repair form (VRF) in order
to receive a retest. In order to receive a waiver or time extension,
the motorist shall submit a VRF or applicable documentation as deemed
necessary by the DPS.
(6) A motorist whose vehicle is registered in the DFW,
EDFW, HGB, El Paso, or Bexar County program areas or in any county
adjacent to a program area and whose vehicle has failed an on-road
test administered by the DPS shall:
(A) submit the vehicle for an out-of-cycle vehicle
emissions inspection within 30 days of written notice by the DPS;
and
Cont'd... |
